Terms & conditions
Welcome to mobical.me - The all-in-one business tool.

Mobical is an online group communication tool that uses text messaging , email and mobile push notifications to communicate.

With Mobical you can send messages to teams and groups of people, perform event management like a professional, find out what your group thinks through easy polls and product sales. Photo sharing and document management makes it fun and easy to show-off your group life.

Email and mobile push notifications are free to send, while texts or smses are charged at standard rates, as if texting a friend.

You can reply for free at any time through your email links or directly via the website - whether on your mobile phone, tablet or pc.

Our new mobile app (launching 1 October 2015) will be free to download. An annual cost $1 US (with the first year absolutely free) will be levied for continued service.

In order to become a member and enjoy the Services (as defined below), you must read and accept the following terms and conditions of this agreement and our Privacy Policy.

Agreement Between mobical.me. and Users

You acknowledge and agree that by using mobical.me, you are entering into a legal binding agreement (the “Agreement”) with mobical.me. Located at Claremont, Cape Town, South Africa (the “Company”, “we”, “our”, or “us”), and that by becoming a “User”, “Member” or “Viewer”, you acknowledge that you have read and understood these terms and conditions and that you agree to be bound by all aspects of this Agreement (both in letter and in spirit) and held responsible for any violations thereof.

By accepting the terms of this Agreement, you also verify that you have read and understand our Privacy Policy. This statement supersedes any prior agreements (both oral or written). If any section of these terms is found to be unenforceable either in law or in practice, the rest of the agreement in its entirety will remain in effect. Additionally, the unenforceable provision will be modified so as to render it enforceable and effective to the maximum extent possible in order to affect the intention of the provision. The Company’s failure to act to enforce the Agreement does not constitute a wavier of said Agreement. If you are using the Site as a representative for another company, that organization may have a separate agreement with us. However, as an individual user you are bound by this Agreement regardless of any other agreements entered into by the Company. If you do not want to become a User, do not click “Join” or submit any information or view any of mobical.me content or pages.

Certain Definitions “Services” as used in this Agreement is defined as the features, services, products, and information made available through www.mobical.me and any other Company branded or co-branded websites (the “Site”). All sub domains, mobile applications, financial platforms, payment processes, proprietary tools in current, or future use, constitute the Services, except as otherwise noted. “Information” is defined as anything posted on the Site by you or by others or by the Company. This includes but is not limited to, contact information, profiles, business services, pictures, business connections, embedded media, personal details, advertisements, URL links, marketing materials, rating scores, statements, general content and any other forms of communication posted on the Site.

PLEASE READ THESE TERM AND CONDITIONS CAREFULLY.

THESE TERMS AND CONDITIONS DESCRIBE THE TERMS AND CONDITIONS UNDER WHICH MOBICAL SOFTWARE, TRADING AS MOBICAL.ME, OFFERS YOU (THE "USER" OR "YOU" OR "YOUR") AN ACCOUNT (THE "ACCOUNT") FOR USE OF THE MOBICAL.ME SERVICE (THE "MOBICAL.ME SERVICE") BY ACCESSING OR USING THE SERVICE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW AS WELL AS THE TERMS AND CONDITIONS PUBLISHED ON THE MOBICAL.MESITE AT WWW.MOBICAL.ME(THE "SITE"). IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SERVICE. MOBICAL.ME MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT AT THE SITE. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE SERVICE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.

1. THE SERVICE mobical.me provides the mobical.me Service with the capability to send e-mail messages and SMS/text messages via the World Wide Web on the mobical.me system. mobical.me also provides its members with a dedicated online space from which members can interact with each other through the application offered on their respective group activity pages. The respective activity ranges from communicating with groups/individuals all group activities viz. messages, events, polling, ordering and bookings. All of which could be described as a particular activity managed by a registered organiser on the mobical.me site. mobical.me may terminate, change, suspend or discontinue the mobical.me Service, including the availability of any features of the Site, at any time.

2. MOBICAL.ME CHARGES i. There are no fees associated with using the core mobical.me service. In countries that support text messaging, each contact is able to purchase text bundles for notification texts that are used to send and to receive communication. Responses to mobical.me are charged at standard rate unless otherwise specified.

mobical.me operates an acceptable use policy and reserves the right to remove any activity or activities that is in breach of this policy. In addition to the free core service, mobical.me in conjunction with our text/sms service provider offers the following premium functionality: • Text bundles are sold in UK, Ireland, Australia, New Zealand, South Africa, Canada and the United States. They can be used for message board posts, appointment confirmations , order processing or for event notifications. • Payment processing in the RSA Charges for all of these additional services are clearly specified at point of purchase. ii. mobical.me has been established as an advertising and sponsor funded business, however mobical.me reserves the right to introduce charges or fees for the mobical.me service. Prior to any such introduction mobical.me will communicate with its members, obtain relevant consents, and establish associated payment processes. iii. As a sponsor and advertisement funded service, we may run ad campaigns for brands which can include: • Ad collateral appearing on the mobical.me website.

YOUR ACCOUNT DETAILS WILL NEVER BE GIVEN OR SOLD TO A THIRD PARTY ADVERTISER.

3. MEMBER ACCOUNT i. Accounts are not available to any person who cannot legally agree to the terms of this site and the SMS Agreement. By accepting these terms, you confirm that you are capable of entering into a binding agreement and if a minor, you have the permission of your parent/guardian to use the mobical.me service. You must accurately complete any subscriber information requested by mobical.me. The mobical.me Service is intended to appeal to a broad audience, and therefore it is the responsibility of the member and/or the parent or guardian to determine whether any use of the mobical.me Services are appropriate. ii. To open an account for usage of the mobical.me Service, the User must provide true and accurate information as labeled by the Registration Form and shall regularly update such information to keep it true and accurate. The User shall provide a valid email address and/or mobile phone number belonging to them and choose a password, and keep these details up to date so that mobical.me can communicate with you effectively. iii. We reserve the right to remove or change a member profile at any time if we deem a member to be in breach of the terms and conditions or has acted in an inappropriate nature.

4. PASSWORD AND SECURITY i. The User is entirely responsible for the privacy, confidentiality and storage of email addresses and/or mobile phone number, and password used to access the system. All website activities that can be traced to the email address and password of the User are deemed as having been performed by the User. mobical.me does not assume any liability for content of messages sent and is exempt from any claim that may arise from third parties as a result of messages sent. You are fully responsible for any charges and liabilities incurred through the use of the mobical.me Service or Your Account and for any activities conducted through Your Account. In addition, mobical.me may at its sole discretion temporarily disable access to Your Account if reported unauthorized use or if usage of the Account dramatically exceeds normal usage patterns within a short time period. The User agrees to notify mobical.me immediately of any unauthorized use of the account to help@mobical.me ii. You must keep your login and account details confidential at all times, and in the event that you suspect that your login details have been compromised, then you need to inform mobical.me immediately by contacting us by telephone or email to help@mobical.me

5. USE OF ACCOUNT i. You warrant that you will not use the mobical.me Service for any of the following purposes or in any of the following manners: • to impersonate or harass any other person. • to send any information that is or disclose any information that is libelous, abusive, threatening, false, fraudulent, misleading, or obscene; that misappropriates or infringes any person's proprietary right (including posting any links or URLs that you do not have the right to post or disclose). • You will not submit reviews, posts or other content that are encrypted or that contain viruses, Trojan horses, worms, time bombs, spiders, cancelbots or other computer programming routines that are intended to damage, interfere with, disrupt, impair, disable or otherwise overburden our site or servers; • that violates any person's rights of privacy or publicity. • to send messages that contain any sexual, racist or discriminatory content constituting harassment of any individual or organization. • that constitutes or that violates any law, statute, ordinance or regulation (including applicable export control, consumer protection, unfair competition, anti-discrimination or false advertising laws, and without limiting the foregoing you specifically agree • to comply with all applicable laws regarding the transmission of the technical data exported from the Republic of South Africa or the country in which you reside. • not to intercept any communications not intended for you. • not to release, post, distribute or execute any viruses or other harmful computer code. • not to upload, post, email, or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party. • not to engage in "spamming," transmission of "junk mail" or "chain letters" or unsolicited mass distribution of sms and e-mail or any similar conduct. ii. At our discretion and without further notice, we may use anti-spam technologies, such as automatic word and spam filters, that may terminate messages You send without delivering them or prevent messages from reaching You. The user may not use the mobical.me Service in a way that imposes an unreasonable or disproportionately large load (as determined by us in light of the purposes for which you are using the mobical.me Service and the load imposed by other users generally) on our infrastructure or that otherwise would harm or breach our arrangements with any of our service providers. iii. You acknowledge that mobical.me may establish general practices and limits concerning use of the mobical.me Service, including without limitation • the maximum number of days that messages or other uploaded content will be retained by the mobical.me Service, • the maximum number of messages that may be sent from or received by an account on the mobical.me Service, • the maximum size of any message that may be sent from or received by an account on the mobical.me Service, • the maximum disk space that will be allotted on the SMS servers on Your behalf, and • the maximum number of times (and the maximum duration for which) You may access the mobical.me Service in a given period of time. You agree that mobical.me has no responsibility or liability for the deletion or failure to store any messages and other communications or other content maintained or transmitted by the mobical.me Service. You acknowledge that mobical.me reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that mobical.me reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice. iv. We reserve the right to remove any message board, communication , event, product or service or content which we deem to be in breach of our terms and conditions. Opinions expressed on mobical.me applications by any user do not represent our views, they only represent the views of the individual who posted the opinion. v. You agree that you are responsible and liable for any content posted on the mobical.me website by you, which includes pictures, images, words or data. vi. You agree that if you become aware of any content on the website which may be in breach of the terms and conditions define herein, to notify us at help@mobical.me vii. You agree that mobical.me is not responsible for the activity of any user of the website and that mobical.me does not monitor content posted to the site. You use the site at your own risk and accept that you may be exposed to content which may be reasonably considered to be in breach of our Terms and Conditions of use, in which case you will notify us accordingly.

6. ESTABLISHING A GROUP PAGE You may establish a group page on mobical.me, and in doing so, you acknowledge and agree that; i. The information added by you to invite your members represents accurate and correct contact data for the individuals concerned, and that you have their consent to communicate with them on matters relating to the group organisation using the mobical.me service. ii. Members added by you to your group will be invited to join your particular group and will have access to your group page and activity pages via a password which is unique to each individual member. Member passwords are communicated privately to invited members via email provided for that group member as you add them to your group. iii. By accessing group content, members are deemed to be using the mobical.me service and agree to the mobical.me terms and conditions. iv. We reserve the right to delete or remove, any group page which contains content which we consider to be in breach of mobical.me terms and conditions of use. v. mobical.me does not handle any payments via the website. vi. All financial transactions, the storing of financial data and the transfer of funds for purchase of SMS bundles is managed and handled entirely by the supplier of the SMS bundles as appointed and linked to the mobical.me website at the time of purchase and is not the responsibility of mobical.me.

7. E-MAIL AND SMS SERVICE i. As part of the mobical.me Service, mobical.me enables the communication of event details to your members via SMS and/or Email. mobical.me members mobile number and/or email address can be included in their registered profile. ii. mobical.me SMS service is currently available in UK, Ireland, Australia, New Zealand, South Africa, India and Canada. iii. mobical.me E-Mail service is available worldwide. iv. mobical.me accepts no liability for any sms or email content sent via the mobical.me system, and does not monitor content of messaging sent by users. v. mobical.me users can opt out from receiving SMS and Email messages at any point and can choose to do so, by changing their ‘Contact Options’ on the group page or removing themselves from the group. vi. Your wireless/mobile service provider may charge you • a fee for the ability to receive text messages, or a per message fee for the delivery (or attempted delivery) of text messages to your mobile phone • a fee for airtime or other connection fees in connection with your downloading of information or messages from mobical.me or uploading of information or messages to mobical.me • roaming fees if delivery of a text message occurs outside of certain geographical areas. You are responsible for paying all such network related fees. vii. You undertake to use the SMS service on a fair basis and exclusively for the notification of group activities. viii. The user acknowledges that mobical.me is dependent on various telecommunications networks for the delivery of its messages. We cannot guarantee the delivery of SMS messages, nor can we guarantee the time taken for messages to be delivered. mobical.me may adjust its offering, should the prices we pay for SMS messages be adjusted, as this is outside the control of mobical.me . ix. In the event of any unauthorized use of your account you must notify mobical.me, and you will be responsible for such unauthorized use until you notify mobical.me. You must also adopt any steps necessary to prevent any further unauthorized use of your account. mobical.me shall have the right to terminate your account immediately in the event you in any manner violate these Terms and Conditions or the Privacy Policy or any other applicable mobical.me policy, rule or conditions of use. You may choose to terminate your account voluntarily at any time by contacting help@mobical.me. x. mobical.me reserves the right to introduce charges for the service at any time. In the event of the introduction of charges, mobical.me will communicate this via email to its members and will use all reasonable endeavours to notify you. xi. We reserve the right to withdraw the SMS service at any time, on a permanent or temporary basis if we deem groups or members to be abusing their use of the SMS service. xii. mobical.me are not responsible for non-delivery of SMS messages to recipients caused by errors or outages on the part of mobile network providers or sms aggregators. As a result, mobical.me will not refund undeliverable SMS messages to the customer.

8. PRIVACY mobical.me recognizes that our users have legitimate concerns about privacy. By accepting this Agreement, you expressly consent to uses and disclosures of your personal information as enumerated in mobical.me's then-current privacy policies, which are incorporated herein by reference. Our current privacy policy is available at mobical.me Privacy Policy. User will own any personal user information or other registration information that User has given us as part of the registration process (your "Registration Information"). With respect to User's Registration Information, User agrees to grant mobical.me a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright and publicity rights you have in your Registration Information and any information You provide to mobical.me or other users within the publicly accessible areas of the mobical.me Service or the Site, in any media now known or not currently known. mobical.me will only use your Registration Information in accordance with our Privacy Policy.

9. CONTENT You understand that mobical.me has no editorial control over any third party content and that mobical.me does not guarantee the accuracy or completeness of any third party content. You agree that mobical.me will have no liability to You, or anyone else who uses Your Account, with regard to any third party content. Under no circumstances will mobical.me be liable in any way for any Content, including but not limited to, any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the user of any Content posted, emailed, or otherwise transmitted via the Service. You also understand that the third party content is the proprietary material of mobical.me and/or the third party that supplies it, is protected by copyright and other applicable laws, and may not be reproduced, published, broadcasted, rewritten, or redistributed without the written permission of the third party that supplied it, except to the extent allowed under the "fair use" provisions of the copyright laws in the country in which you reside or comparable provisions of foreign laws.

10. MODIFICATION TO THE SERVICE i. User acknowledges that mobical.me is dependent on various telecommunications and infrastructure networks for the delivery of its service and that mobical.me may adjust its offering at any time. User will be notified of any such changes through publication on the Site or through e-mail describing the change. ii. User understands that mobical.me may, in its discretion, from time to time change, add, or remove certain features of the mobical.me Service or change the terms of this Agreement by informing you through publication on the mobical.me website or through an email describing the changes. If you are dissatisfied with any such changes to the mobical.me Service or this Agreement, you may immediately cancel your Account as provided in Section 11 of this Agreement. In addition, mobical.me reserves the right to discontinue the mobical.me Service altogether for all users at any time at its sole discretion.

11. DISCLAIMERS AND WARRANTIES You understand and agree that the service is provided on an "as is" and "as available" basis. mobical.me and its suppliers make no warranty that the service will meet your requirements or that the use of the mobical.me service or the site will be uninterrupted, timely, secure, or error-free; nor do mobical.me or its suppliers make any warranty as to the results that may be obtained from use of the mobical.me service or the accuracy, reliability or timeliness of any in formation obtained through the mobical.me service (including third party content), or that any defects in the mobical.me service will be corrected, simply put, mobical.me makes no representation of delivery, receipt or termination of an sms message. User also acknowledges that, depending on the recipient's mobile service provider, it may not be possible to transmit the sms message to the recipient successfully, particularly if the provider does not support sms delivery at all. mobical.me and its suppliers disclaim all warranties of any kind, whether express, implied, or statutory, regarding the mobical.me service, including any implied warranty of title, merchantability, fitness for a particular purpose, or non-infringement. You understand and agree that any material or data obtained through use of the mobical.me service is at your own discretion and risk and that you will be solely responsible for results obtained using any such material or data or any resulting damage to your computer system or loss of data. Some countries,states or jurisdictions do not allow the exclusion of certain warranties. Therefore, the above exclusions may not apply to you to that extent, and nothing in this section should be construed as excluding or limiting any warranty beyond what is permissible under applicable law.

12. LIMITATIONS ON LIABILITY i. mobical.me and its suppliers shall not be liable for any direct, indirect, special, consequential, exemplary, or incidental damages of any nature, including but not limited to, business interruption, loss of profits, business interruption loss of data, injury to goodwill, use, data or other intangible losses (even if mobical.me has been advised of the possibility of such damages), resulting from use of the mobical.me service by you, or anyone using your account, including, but not limited to: • the use or the inability to use the service. • unauthorized access to or alteration of your transmissions or data. • statements or conduct of any third party on the mobical.me service or the site. • any damages or loss of any nature arising from or relating to your use of the mobical.me service or use of the mobical.me service through your account by anyone else. (a) mobical.me shall in no event be liable to the user or anyone else for any inaccuracy, error or omission in, or loss, injury or damage caused in whole or in part by failures, delays or interruptions of the mobical.me service generally, the site, any other mobical.me service and any aspect ancillary thereto; (b) mobical.me shall in no event be responsible for the security of the data transmissions between mobical.me and the user, including but not limited to the transmission of the payment information such as credit card numbers. mobical.me expressly disclaims all warranties of any kind, whether expressed, or implied, for the security of the data transmission between mobical.me and the user. (c) mobical.me's total cumulative liability to you and anyone who uses the mobical.me service through your account, for any and all claims under any theory of law (including negligence), will not exceed the aggregate amount you paid to mobical.me in the preceding twelve months. Some Countries, states or jurisdictions do not allow the exclusion or limitation of certain types of liability, therefore, the above limitations of liability may not apply to you to that extent, and nothing in this section should be construed as excluding or limiting mobical.me's liability beyond what is permissible under applicable law.

13. RELEASE AND INDEMNIFICATION i. In the event that you have a dispute with one or more users, you release mobical.me (our shareholders, officers, directors, agents, subsidiaries and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes and you waive any rights under any state or local law limiting the extent of such release. ii. User agrees to defend, indemnify and hold harmless mobical.me and its subsidiaries, affiliates, officers, directors, agents, attorneys and employees from and against any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of User's breach of this Agreement, User violation of any law or the rights of a third party, the content User submits, posts or transmits through the mobical.me Service, or Your use of the mobical.me Service.

14. TERMINATION OF ACCOUNT You may terminate Your Account, at any time and for any reason or no reason, by contacting mobical.me's customer service at help@mobical.me. Notifying mobical.me in any other way of your desire to terminate your Account may result in delays in processing your request. mobical.me, in its sole discretion, may immediately terminate or suspend Your password, account (or any part thereof) or use of the mobical.me Service, for any reason, including, without limitation, for lack of use or if mobical.me believes that You have violated, acted inconsistently with this Agreement. mobical.me reserves the right to terminate Your Account and this Agreement for any other reason if mobical.me gives You at least ten (10) days advance notice. Upon any such termination of Your Account. You agree that any termination of Your access to the Service under any provision of this Agreement may be effected without prior notice, and acknowledge and agree that mobical.me may immediately deactivate or delete Your account and all related information and files in Your account and/or bar any further access to such files or the Service. Furthermore, you agree that mobical.me shall not be liable to You or any third-party for any termination of Your Account.

15. NO RESALE OF SERVICE User agrees not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the mobical.me Service, use of the mobical.me Service, or access to the mobical.me Service without the prior written approval of mobical.me.

16. LINKS The mobical.me Service may provide, or third parties may provide, links to other World Wide Web sites or resources. User agrees that mobical.me is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that mobical.me shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

17. INTELLECTUAL PROPERTY RIGHTS You acknowledge and agree that the mobical.me Service contains proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that as a result of use of the mobical.me Service, you may have access to or receive information or content protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws ("intellectual property rights"). Except as expressly authorized, You agree not to violate the intellectual property rights of mobical.me or any third party.

18. GOVERNING LAW; ARBITRATION The laws of Republic of South Africa, shall govern all matters relating to this Agreement and use of the mobical.me Services. The United Nations Convention on contracts for the international sale of goods is expressly disclaimed. Any controversy or dispute arising out of this Agreement, the interpretation of any provision hereof, or the action or inaction of any party hereto shall be submitted to arbitration in the Republic of South Africa, in accordance with the South African Arbitration Act,1965 in conjunction with the International Arbitration Rules of the South African Arbitration Association (the "SAAA International Rules") then in effect, conducted by one arbitrator either mutually agreed upon by the parties to this Agreement or chosen in accordance with the SAAA International Rules. Each party shall have no longer than three (3) days to present its position. Either party may apply to the arbitrator seeking injunctive relief until the arbitration award is rendered or the controversy is resolved. Either party also may, without waiving any remedy under this Agreement, seek any interim or provisional relief that is necessary to protect the rights or property of that party pending the establishment of the arbitral tribunal (or pending the arbitral tribunal's determination of the merits of the controversy) and for the purposes of seeking such interim relief User shall consent to the exclusive jurisdiction of the courts of the Republic of South Africa. The successful party to the arbitration or any litigation relating to this Agreement or the mobical.me Services shall be entitled to an award for reasonable costs and attorney's fees, as determined by the arbitrators. Any award or decision obtained from any such arbitration proceeding shall be final and binding on the parties, and judgment upon any award thus obtained may be entered in any court having jurisdiction thereof. The parties agree that the arbitrator shall have the power to award damages and injunctive relief.

19. MISCELLANEOUS If any provision of this Agreement is invalid or unenforceable under applicable law, such provision will be deemed modified to the extent necessary to render such provision valid and enforceable and the other provisions of this Agreement will remain in full force and effect. This document and the pages referred to herein represent the entire agreement governing use of the mobical.me Service and supersede any prior or contemporaneous written or oral statements by mobical.me or its representatives or resellers. The failure of mobical.me to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement may not be amended except as provided in Section 7. mobical.me may assign this Agreement in accordance with the sale of all or substantially all of its stock or membership interest or all or substantially all of its assets to a third party.